The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-12-03

Horntio g. Onderdonk, wealthy Long
Island lawyer, left at his death In 1856 seven
children aud an estate valued ut $780,
OoO, which he disposed OF by curious
will. There are many cases ON record
In which distinguished lawyers have made
wills that the courts have been called
on 90 interpret. The will Of the late Mr. On
dcrlonk Is OF this kind. In drawing Il up he
disinheritcd one son for disobedience. An.
other son, Francis, Is 20 be allowed special
income 81 $4,000 only on condition that he
shall pursue some occupation shall never
marry while under twenty eight years Of ago
without the previous written approval OF
three Of the executors, shall indulge Ia
no luxurious, indolent and damaging
habits, shall drink neither spirituous nor
malt liquors, nor Use wine, tobacco, or any
narcotic substances, nor associate with im-
moral or profigte persons, and on tho
further condition that lac shall be able 20
prnve 10 the executors that he still retains
$1,000 Of the fortune he derived fnptn his
mother and grandmother. II lac should
break these conditions in any one or more
pariiculars-of which the executors are 10
iudec-he j. 90 forfeit the entire income for
one year The bencfciaries under the will
are 10 receive In equal proportions the rcye-
nue. ~ the estate for life. the capital 20 60 To
the grandchildren. A further clause directs
that II any OF the male children inhenting
under this will live In idlcncss, or habliually
omits rising breakiasiing, and are not ready
for business By y o'clock each morning, eN-
ccpt Sundays. or indulgcs IN any Of the pres.
,iit vices that are common 20 young men
then such person shall forfeit all his intercsf
In the estate. The reason for which the son
John was disowned aud disinheritcd Is said
90 have been his refusal ~ be guided by hts
fathers rule Of life, aud his open rebellion
against the parental authority 10 instiiutingl
legal proceedings 10 force his father 10 an ac-
counting Of what he had done with the
moneys belonging 30 Johns mother, the sec.
ond wife Of his father, and left 20 John and
! his brother Francis. John failed 10 prove a
incorporation Of portion OF the money
| Ia question, and subsequently stated pub
| iicly IN court that his father had pcrjured
| himself Apart from the determination ex-
pressed by the tcstator 10 regulate the con-
| duct of his children during their lives. there
run. throughout the whole will dark vein
| Of mallrnnncy and hatred which Il left NJ n
| legacy 10 the other heirs IN their dealings
| with the son that II dsowned aud disinher.
| tied Tho will n one that none but rigid
| Journalist, y stern, hard man, with fnnatioal
/ notions ~ the absolute power of parental
/ authority. would have left behind him 10
/ bind his descendants under pain offoncituro
| OF their inheritance. They have quietly ao-
ccptcd u and IT, conditions, but only appar-
/ emily LOT tue fNiNon inaN VIC viii NAHf'Dll
| demands their assent 10 the probate of II
with all ~ provisions" The son John,
| being under no such obligations, has brought
the will into the Queens county supreme
/ court, with n view ~ obtaining n judicial
/ construction Of a. The heirs remember
] ing the injunction - 20 is probate,
| have intcrposed demurrer for tho
purpose of raising the issue NJ 20 the validity
] ~ the provisions Of the will They thusi In.
| directly assaIl those parts Of the will that
/ exact obedience 20 the rules Of conduct laid
down In II and ties up the property during n
/ generation. while they os,cnsibly sustain the
/ probate. Their interest In breaking the will,
/ aud thus obtaining immediate direct control
| OF their portions OF the estate, Is In some re-
| spccis identical with that Of their disinhcr-
| lied brother and there seems 10 be anonf
the people of Long Island very gcncra
/ hope that the right ~ the testator 10 Dii,r
bis direct heirs down 10 hard and fast
| IN their personal conduct and in The w"
agcmcnt 81 their affairs through life VIM
leaving their children free 70 do ~ 10y
please with the estate, will not be sas'"ie"
| By the court